Newly Released CBP HQ Rulings Aug. 31
The Customs Rulings Online Search System (CROSS) was updated Aug. 31 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
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H330748: Affirmation of N330440, N330461 and N330404; Applicability of Subheading 9817.00.96, HTSUS, to various grab bars
| Ruling: The grab bars do not meet the requirements for Harmonized Tariff Schedule of the U.S. subheading 9817.00.96 as products specially designed for handicapped persons. The grab bars also do not meet any Section 301 exclusion. |
| Issue: Do various grab bars meet the requirements for HTSUS subheading 9817.00.96 or Section 301 exclusion? |
| Items: Grab bars made of a white lacquered stainless steel tube frame that mounts to the side of a bathtub with a padded fixing system that adjusts to fit a bathtub wall. The bars can be used in bathtubs around the house and are designed for people who have difficulty getting in and out of the bathtub, or who are at risk of falling. They will be sold online through Amazon, and to home healthcare dealers/providers, nursing homes, rehab and therapy clinics, and through the importer's website. |
| Reason: The PEPE and KMINA bath access bars and the PEPE toilet grab rails do not meet Americans with Disabilities Act accessibility guidelines for grab bars. While the articles may be of benefit to the handicapped, they did not appear to be the type of equipment that was said to be specially designed or adapted for handicapped people. The articles could also be used by individuals with acute or transient disabilities. The cited Section 301 exclusion expired on August 7, 2020, and no subsequent similar exclusion was enacted. |
| Ruling Date: Aug. 7, 2023 |